INDEX.

ARBITRATION—1. Award — Finality — Finding against plaintiff—
No decision as to defendant's claim to set-off-Costs, defendant's right
to recover. Duckworth v. Harrison.

671

2.
Question for opinion of Court - Possible reduction of
damages-Motion to enter judgment for smaller sum-In effect motion
to set aside award-Time for making motion. Anderson v. Fuller 689
3. Reference agreeing to be bound by award "of the said
two arbitrators and their umpire "-Award by two arbitrators only-
Two issues found for plaintiff and one for defendant-Direction as to
costs-Validity. Hetherington v. Robinson

---

. 737

4. Submission Reference abortive Neglect of plaintiff's
solicitor to deliver order of reference-Second trial-Irregular attempt
to try cause again-Waiver. Hall v. Rouse.

449

ARREST-Privilege-Page of the presence in ordinary to the Queen.
Reynolds v. Pocock

ASSETS Marshalling. See Executor and Administrator, 4.

ASSIGNMENT, of lease. See Landlord and Tenant, 3.

632

BANKRUPTCY-1. Creditor's deed - Covenant by debtor to sell
estates if debts unpaid by given day-Personal undertaking-No lien
on debtor's lands. Berrington v. Evans.

395

2. Fraudulent preference-Transfer of goods to creditor-Bonâ
fide demand-Voluntary transfer-Absence of pressure by creditor.
Mogg v. Baker
624

3. Sale of goods by insolvent-Receipt of proceeds by
insolvent's solicitor-Part of proceeds retained as against assignees by
solicitor on account of costs-Voluntary payment. Wainwright v. Clement

638

4. Property of bankrupt - Interest on fund left in trust for
maintenance of bankrupt-Discretion of trustees. Twopeny v. Peyton

5.

6.

301

Gift over to wife and children on alienation or bank-
ruptcy. Godden v. Crowhurst.
332
Builder-Building materials delivered at building and
returned to builder's shop for alteration-Re-delivery at building—
Materials retained by owners of building contracted for as against
trustees Conversion Recovery by assignees in trover. Tripp v.
Armitage
762

-

7. Knowledge of insolvency - Declarations of bankrupt. See
Evidence, 2.

BILL OF EXCHANGE AND PROMISSORY NOTE-1. Alteration
of bill after acceptance-Addition of particular place of payment.
Calvert v. Baker
663
2. Presentment for acceptance-Reasonable time-Bill drawn in
Newfoundland and presented in England three months after date.
Straker v. Graham

-

-

783

3. Promissory note - Indefinite document - Promise to pay
specified sum and "all fines according to rule." Ayrey v. Fearnsides 515

CANAL-Construction Statutory authority-No time specified for
completion of work-Presumption of intention of Legislature to restrict
execution of work within reasonable time-Abandonment of powers.
Thicknesse V. Lancaster Canal Co.
692

CARRIER-Railway company- Damage to goods carried-Notice of
action Provisions of special Act-Limitation of liability-Notice on
ticket-Evidence of delivery of ticket. Palmer v. Grand Junction Ry. Co.
895

CHARITY AND CHARITABLE TRUST 1. Administration
Several parties claiming adversely - Jurisdiction of Court under
52 Geo. III. c. 101. In re West Retford Church Lands

2.

. 213
Jurisdiction of Court under 52 Geo. III. c. 101, to order
transfer of funds from dispensary to hospital and amalgamate the two
institutions. In re Reading Dispensary.

. 216

3. Bequest of money in trust towards defraying cost of building
church-Statute of Mortmain. Dicon v. Butler

CLAYTON'S CASE, rule in. See Partnership, 5.

COMPANY

-

435

Banking company Suit by shareholder against
registered public officer- Plaintiff induced to purchase shares by
Parties Public officer

fraudulent misrepresentation of directors
wrongly joined. Seddon v. Connell

And see Ejectment.

209

CONFLICT OF LAWS-1. Legitimacy-Scottish marriage-Ante-
nuptial child-Child born in England-Domicil-Foreign nationality-
Inheritance of land in Scotland. Countess of Dalhousie v. M'Douall, 86;
Munro v. Munro.

2.

-

103

Ante-nuptial child Child born in Scotland and
legitimate by law of that country-Inheritance of land-Statute of Mer-
ton-Conditions of inheriting realty in England. Birtwhistle v. Vardill 139
3. Domicil-Domicil of origin prevails until clearly abandoned
-New domicil, how acquired. Countess of Dalhousie v. M'Douall, 86;
Munro v. Munro

4.

103

Wife acquires husband's domicil by marriage. Countess
of Dalhousie v. M'Douall

86
CONTRACT-1. Action on agreement-Parties-Partial failure of
consideration-Consideration not moving from plaintiff alone-Necessity
of all parties to agreement of first part joining in action. Chanter v.
Leese .

2. Advertisement-Loss of bank-notes-Offer of reward-Who
entitled to reward-Communication of information. Lancaster v. Walsh 441
3. Execution on Sunday-Contract not made in exercise of
ordinary calling-Sunday Observance Act. Scarfe v. Morgan .

568

CONTRACT-4. Illegal agreement Agreement to abandon petition
against return of member of Parliament in consideration of sum of
money. Coppock v. Bower

627

And see Infant; Master and Servant; Vendor and Purchaser.
CONVERSION-Contract for sale of land to be completed at future
date-Death of vendor before completion-Right of heir to intermediate
rents. Shadforth v. Temple

And see Will, 9.

230

CORPORATION - Bye-law ordering distribution of rents arising
from enclosed lands among twelve senior burgesses-Non-payment-
Action of debt-Plea of application of rents to answer debts due from
corporation - Validity of bye-law - Action, whether maintainable.
Hopkins v. Mayor of Swansea

739

COSTS. See Arbitration, 1; Mortgage, 4, 6; Practice, 2-4;
Solicitor, 4.

COVENANT-Covenant to pay debt due to firm-Payments made by
covenantor to new firm after death or retirement of all original members
-Whether satisfaction of money due on covenant. Jones v. Maund
384

CRIMINAL LAW-Felony-Forfeiture. See Mortgage, 2.

CUSTOM-City of London-Custom for deputy day meters to unload
oysters within port of London-Scale of payment-Liability of meters
to provide sufficient number of men for work-Evidence. Laybourn v.
Crisp

607

DEFAMATION-1. Newspaper libels-Successive libels-Reiteration
of previous statements-Separate counts-Charge of misconduct.
Hughes v. Rees
. 533

2. Solicitor-Allegation that plaintiff guilty of sharp practice in
his profession-Innuendo-"An honest lawyer"-Ironical use of term.
Boydell v. Jones

. 676

DISCOVERY-1. Production of documents-Claim of professional
privilege-Letters written by defendant's solicitor to one of defendant's
witnesses. Corporation of Dartmouth v. Holdsworth

299

2. Pleading Parties-Demurrer-Foreign Sovereign-A bill of
discovery in equity in aid of a defence to an action at law. Queen of
Portugal v. Glyn

3. Inspection of books of firm. See Partnership, 1.
And see Solicitor, 4.

36

DISTRESS-1. Land tax-Breaking open doors-No constable present
-38 Geo. III. c. 5, s. 17. Foss v. Racine

665

2. For rent. See Landlord and Tenant, 1.

DOMICIL. See Conflict of Laws.

-

EASEMENT-1. Right of way- - User of road for certain purposes
only-No evidence of right of way for all purposes-Pleading. Cowling
v. Higginson

2.

555

Parol licence-Right of grantor to determine at any
time while licence remains executory-Sale of land by grantor-Notice
of transfer of property-Trespass. Wallis v. Harrison

715

EASEMENT-3. Right of way--Prescription-Continuous enjoyment
of right for 20 years-Unity of possession-Construction of Prescription
Act. Onley v. Gardiner

. 704

4.
Pleading-Replication of leave and licence -
Necessity of showing licence co-extensive with right claimed. Colchester
v. Roberts

And see Lands Clauses Acts.

EJECTMENT

-

Disputing landlord's title

----

- Estoppel

-

814

Ejectment
against company - Lessor a member of defendant company. Francis
v. Doe d. Harvey

616

ESTOPPEL. See Ejectment.

EVIDENCE-1. Custom-Scale of payment for performance of
customary duties - Decree of court of equity in cause between third
parties touching same right-Production of depositions referred to in
decree. Laybourn v. Crisp
. 607
2. Evidence to prove knowledge of insolvency-Declarations of
bankrupt. Thomas v. Connell.

. 565
3. Illegal agreement-Production of unstamped agreement for
purpose of proving illegality of transaction. Coppock v. Bower
627
4. Statement of account signed by bankrupt-Document dated
prior to bankruptcy-Evidence as against assignees-Proof of date.
Sinclair v. Baggaley
601

5. Witness Cross-examination Competency of question
Question leading to new collateral inquiry not affecting issue or testing
credit of witness. Tennant v. Hamilton.
1

EXECUTOR AND ADMINISTRATOR-1. Administration-Adminis-
tration suit-Creditors-Priorities-Creditor's deed-Covenant to sell
estates if debts unpaid by given day -Personal undertaking giving no
lien on debtor's lands. Berrington v. Evans .
395

2.

Debt due from English firm to estate of deceased foreigner
-Foreign administrator-Appointment of English attorney to recover
debt-Letters of administration granted to attorney, limited to receive
debt until plaintiff should obtain administration-Capacity of Spanish
administrator to give receipt for debt collected. De la Viesca v. Lubbock

Breach of trust-Misapplication of funds by co-executor
-Share of residue-Payment to married woman-Consent of husband.
Moses v. Levi
. 389
Assets-Marshalling-Heir devisee, right of pecuniary
legatees to have assets marshalled as against-Inheritance Act (3 & 4
Will. IV. c. 106, s. 3). Strickland v. Strickland
270

4.

5.

Authority to employ assets in testator's late business
on taking specified security-Neglect to take security directed-Pay-
ment into Court of amount of assets so employed. Costeker v. Horrox 400
Executor de son tort-Receipt of debt due to estate for
purpose of providing for funeral. Camden v. Fletcher.
636

FAMILY ARRANGEMENT-Covenant between father and son-
Consideration-Fraud-Illegality-Champerty-Maintenance.

Persse

Persse v.

22

FIXTURES-Mortgage-Bankruptcy of lessee for years-Case by
mortgagee as reversioner against assignee of tenant for fixtures
removed. Hitchman v. Walton

656

FRAUD AND MISREPRESENTATION-1. Suit to set aside fraudu-
lent transaction-Parties. See Solicitor, 2.

2. Conspiracy by contracting party to frustrate contract-Subse-
quent acceptance of performance by other party. See Master and
Servant.

And see Insurance (Marine); Vendor and Purchaser, 3.

GOODS, SALE OF. See Sale of Goods.

HUSBAND AND WIFE-1. Children-Legitimacy-Scottish marriage
-Previously born children-Child born in England-Domicil-Foreign
nationality. Countess of Dalhousie v. M'Douall, 86; Munro v. Munro. 103
Legitimacy-Ante-nuptial child born in Scotland and
legitimate by law of that country-Inheritance of land in England.
Birtwhistle v. Vardill.

2.

139

3. Domicil Wife acquires husband's domicil by marriage.
Countess of Dalhousie v. M'Douall

86
4. Separation deed-Covenant by husband to pay annuity during
wife's life-Consideration--Enforcement against husband's executors
after his death. Clough v. Lambert
227

5. Wife's property-Wife living apart from husband-Money
saved by wife out of income of separate property-Claim by husband in
his marital right. Molony v. Kennedy

236

INFANT-1. Necessaries-Infant in receipt of income sufficient for
purchase of necessaries for cash. Burghart v. Hall

788

2. Maintenance. See Will, 19–21.

And see Husband and Wife, 1, 2.

INSURANCE (LIFE)-Policy-Fraud-Policy not primâ facie void—
Bill in equity to have policy delivered up to be cancelled. Fenn v. Craig
365
INSURANCE (MARINE)—Loss-Adjustment-Settlement in account
between broker and underwriter - Custom Authority of brokers.
Memorandum on credit note-No implied promise to settle loss in cash.
Stewart v. Aberdein

536

JURISDICTION-Foreign prince-Suit in English court of law—
Jurisdiction of court of equity. Rothschild v. Queen of Portugal.. 411
LANDLORD AND TENANT-1. Distress for rent Fraudulent
removal of goods—Action for double value-Plea of not guilty. Jones v.
Williams
633

2. Ejectment-Disputing landlord's title-Estoppel-Ejectment
against company-Lessor a member of defendant company. Francis v.
Doe d. Harvey

616

3. Lease, assignment of-Assignee of equitable term-Fraud-
Assignment to person in poor circumstances made in order to avoid
payment of sum payable under original agreement. Fagg v. Dobie 342

4. Parish officers-Agreement for lease of premises to overseers
for use as workhouse-Lease not executed-Occupation and payment of
rent-Agreement operating as actual demise-Liability of overseers for
non-repair of premises. Alderman v. Neate.
. 775